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§ 7130.505. Enforcement and abatement

Purdon's Pennsylvania Statutes and Consolidated StatutesTitle 35 P.S. Health and Safety

Purdon's Pennsylvania Statutes and Consolidated Statutes
Title 35 P.S. Health and Safety (Refs & Annos)
Chapter 39C. Low-Level Radioactive Waste Disposal Act (Refs & Annos)
Chapter 5. Enforcement and Penalties
35 P.S. § 7130.505
§ 7130.505. Enforcement and abatement
(a) Public nuisance.--Any violation of this act or of any regulation or order of the department or of any term or condition of any license or permit issued under this act shall constitute a public nuisance. Any person committing the violation shall be liable for the costs of abatement of the nuisance. The Environmental Hearing Board is hereby given jurisdiction over actions to recover the costs of the abatement and civil penalties.
(b) Orders.--In addition to other remedies provided under this act or any other act, to aid in the enforcement of this act, the department may issue orders to persons as it deems necessary to protect health and safety and the environment. These orders may include an order modifying or revoking licenses or permits, orders to cease unlawful activities or other acts involving low-level waste that are determined by the department to be detrimental to the public health and safety, orders prohibiting access to the regional facility and such other orders as the department deems necessary to abate public nuisances. An order issued under this subsection shall take effect upon notice, unless the order specifies otherwise. An appeal to the Environmental Hearing Board shall not automatically act as a supersedeas unless so granted by the board. It shall be the duty of any person to comply with any order issued under this subsection unless and until a supersedeas has been obtained. Any person who fails to comply with an order lawfully issued under this subsection shall be guilty of contempt and shall be punished in an appropriate manner by the Commonwealth Court, which court is hereby granted jurisdiction, upon application by the department.
(c) Injunction.--In addition to any other remedies provided for in this act, the department may institute a suit in equity in the name of the Commonwealth for an injunction to restrain a violation of this act or the regulations or order adopted or issued under this act or to restrain the maintenance or threat of a public nuisance. In any such proceeding the court shall, upon motion by the department, issue a prohibitory or mandatory preliminary injunction if it finds that the defendant is engaging in unlawful conduct or is engaged in conduct which is causing immediate and irreparable harm to the public or the environment. The Commonwealth shall not be required to furnish bond or other security in connection with such proceedings.
(d) Impoundment, etc.--The department shall have the authority to impound temporarily any low-level waste or to take other actions as are necessary to abate a public nuisance wherever the department believes that this action is necessary to protect the health and safety of the public and the environment.
(e) Emergency.--Whenever the department finds that an emergency exists requiring immediate action to protect the public health and safety or the environment, the department is authorized, without notice or hearing, to issue an order to any person reciting the existence of such emergency and requiring that appropriate action be taken to meet the emergency. Notwithstanding any provision of this act, such order shall be effective immediately, unless a supersedeas is granted by the Environmental Hearing Board.


1988, Feb. 9, P.L. 31, No. 12, § 505, imd. effective.
35 P.S. § 7130.505, PA ST 35 P.S. § 7130.505
Current through Act 13 of the 2024 Regular Session. Some statute sections may be more current, see credits for details.
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